SIA "SERVERUM" provides web hosting services to Clients around the world on the SERVERUM platform built on infrastrucutre of OOO "Fishnet Communications" data-center located in Saint-Petersburg, Russian Federation. The following terms of service are designed to provide the highest level of service available.
SERVERUM reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, SERVERUM will notify you by posting an announcement on the Website, or via email. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
All services provided by SERVERUM are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Russian Federation law is prohibited. The Client agrees to indemnify and hold harmless SERVERUM, from any claims resulting from the Client's use of SERVERUM's services which damages the Client or any other party. What Is Prohibited
Examples of prohibited content hosted within SERVERUM (but are not limited to):
SERVERUM will be the sole arbiter as to what constitutes a violation of this provision.
- Pirated software;
- Distribution or storage of music files or any other material in which the account holder does not own the copyright;
- Distribution or storage of any content forbidden on the territory of the Russian Federation.
Examples of prohibited usage of SERVERUM services for purpose of (but are not limited to):
SERVERUM will be the sole arbiter as to what constitutes a violation of this provision.
- Spamming, i.e. the sending of unsolicited email, from any SERVERUM server or any server located on the SERVERUM network is STRICTLY prohibited. SERVERUM will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at SERVERUM;
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by SERVERUM customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing, selling, or utilizing lists of email addresses from 3rd parties for mailing to or from any SERVERUM hosted domain, or referencing any SERVERUM account, is prohibited;
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited;
- Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited;
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited;
- All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from "disposable domain names" with whois privacy protection;
- Configuring your service to act as an open-proxy;
- Virtual currency (cryptocurrency) mining (BitCoin, Ethereum, etc.).
Examples of prohibited actions within SERVERUM infrastructure:
SERVERUM will be the sole arbiter as to what constitutes a violation of this provision.
- Any attempts to undermine or cause harm to a SERVERUM infrastructure or Client of SERVERUM is strictly prohibited including, but not limited to:
- Logging into a server or account that you are not authorized to access;
- Accessing data or taking any action to obtain services not intended for you or your use;
- Attempting to probe, scan or test the vulnerability of any system, subsystem or network without the authorization of the owner;
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization;
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System;
- Interfering with, intercepting or expropriating any system, data or information;
- Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system;
- Misuse of system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO. Exact SERVERUM infrastructure limitations are listed in SLA and may vary depending on service type provided to Client.
Examples of Advertising & Promotions Limitations for SERVERUM clients (but are not limited to):
SERVERUM will be the sole arbiter as to what constitutes a violation of this provision. Support Technical Support
- In the following scenarios SERVERUM clients are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure at SERVERUM. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials. This limitation applies to claims by the client which relate to services hosted by SERVERUM.
- Claims related to DDoS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or DDoS or DoS services;
- Any illegal or unlawful activity;
- Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities.
SERVERUM support includes access to technical support provided via phone, ticket system and email.
SERVERUM's technical support is strictly limited to the direct customer of SERVERUM and not to in-direct client. For example, a client of the SERVERUM Customer is not entitled to Support from SERVERUM and should at no time be given Account Access, Passwords, or Passphrases for SERVERUM's Support. It is the obligation of the SERVERUM customer to ensure compliance with this policy. Best Effort Support
SERVERUM will, when possible as a courtesy to its customers, provide Best Effort support on products, applications and 3rd party software that is not explicitly covered under the customers management contract. We provide support in English and Russian languages. Best Effort support means that when possible SERVERUM technicians will provide their best effort to help support our customers. Best Effort Support is not guaranteed and may vary dramatically. No warranties or guarantees are provided on Best Effort Support. Back Up Copy
Customer agrees to maintain a current copy of all content hosted by SERVERUM notwithstanding any agreement by SERVERUM to provide back up services. Courtesy Services for Customers
All services such as backup are provided for the courtesy of the Client. It is the sole responsibility of the Client to maintain the Client's own backup of any data. SERVERUM is not responsible for lost data or for lost data due to third party software that is not maintained by SERVERUM programming staff (CPanel or any other software listed in OS Template server configurator are not associated with SERVERUM). Scheduled Maintenance and Downtime
SERVERUM will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Client acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond SERVERUM's control or which are not reasonably foreseeable by SERVERUM, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. SERVERUM will provide at least 72 hours advance notice to the Client for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. SERVERUM has no responsibility for downtime resulting from a user's actions. Account Creation And Termination
To use the Service, you must register, or have previously established, an account within SERVERUM (an "Account"). Creation and use of Accounts are subject to the following terms and conditions:
- When creating an Account, you are required to provide SERVERUM with certain accurate, valid and up to date information such as, but not limited to, your name, address, phone number, email address. For a private person the provided information should contain at least: full name of Account holder, address of residence, phone number and email address. For legal person it is required to provide: legal address, company registration number, phone number, email address and the full name of the Account holder entitled to operate it on the behalf of the company.
- The maximum number of Accounts that a private or a legal person may register within SERVERUM is limited to no more than one (1) Account.
- It is your obligation to maintain the provided Account information up to date. Keeping your contact information up to date may be critical for the purpose of receiving SERVERUM's support as contemplated by SLA.
At any time, SERVERUM may request for a valid proof of the Account details you have provided, such proof as, but not limited to, a copy of your private ID or your company license and registration documents. Denial to comply or fact of providing false Account details may lead to your Account suspension and termination. Password Security and Account Authorization
SERVERUM provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. SERVERUM will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking. Termination
SERVERUM reserves the right, in our sole discretion, to terminate your access to all or any part of the Services at any time and terminate the Services, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law. Any such termination may result in the forfeiture and destruction of information associated with your Account. SERVERUM may provide prior notice of the intent to terminate Services to you if such notice will not, at SERVERUM's discretion, run counter to the intents and purposes of these Terms of Service. Any fees paid hereunder are non-refundable and any fees owed to SERVERUM before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as SERVERUM's costs for collection (including attorneys' fees) of any such charges or other liabilities. Upon termination, any and all rights granted to Client by this Agreement will immediately be terminated, and Client shall promptly discontinue all use of the Services. If you wish to terminate your Account, you may do so by following the instructions written belows in "Cancellation Procedure" paragraph. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Cancellation Procedure
Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. Customer may submit a cancellation request via help desk ticket
. SERVERUM is not able to schedule cancellation requests. Customer is responsible for any fees incur for Services to customer if no formal cancellation request is submitted.
in "Data retention" and "Data security" articles. Finance
The account will be charged based on selected billing cycle for the service. Billing dates are recurring on the day the account was opened. Refunds
We will provide refunds on a case-by-case basis based on our SLA. In case of return of unused funds, the refund amount is equal to the amount of unused funds in the account, minus payment systems' transfer commission costs.
Any violation of SERVERUM's Terms of Service Agreement shall result in no refund. Credit Card Charge Backs
A credit card chargeback fee equivalent to payment systems transfer commission costs. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer's behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the chargeback fee. Chargebacks received are reversed from the customer's account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in service suspension or account termination (if the account is terminated all information within the account will be deleted). Automatic Payment Liabilities
When the client creates an automatic payment profile in order to pay for SERVERUM services automatically, the customer is responsible for the cancellation of this profile when he no longer wants to use this method of payment for SERVERUM services. SERVERUM is not responsible for processing or refund of the payment which was received for non-existent or disabled service. Opening a Dispute with Payment System
Please note that SERVERUM reserves right to immediately terminate all related to dispute accounts and services without refund if we consider your opened dispute with the payment system about the refund of the money paid for SERVERUM services to be an abuse of the payment system (if the account is terminated all information within the account will be deleted). Event of Default by Customer
(Disabling of services due to overdue payment). All invoices are generated 7 days prior to the date of payment. If the customer fails to pay an invoice within 3 days after the missed payment date of that invoice, SERVERUM reserves the right to disconnect service without further warning. If services are disconnected for non payment, customer must pay all past due charges up to the day of service disconnection in order to reconnect service. SERVERUM's Remedy upon Default; Termination
In addition to all rights and remedies granted to SERVERUM in this Terms of Service (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, SERVERUM shall have the right (a) to cease providing the Services to Customer without notice to Customer, (b) upon not less than (15) days, to terminate the Services provided to Customer, all at Customer's cost and expense. Upon such termination, Customer agrees to and shall immediately pay to SERVERUM all Fees and other amounts due and owing for Services provided through and including the effective date of termination. Legal Regulatory Legislation
SIA "SERVERUM" is acting under Latvian Republic legislation (a member of European Union), meanwhile SERVERUM platform is built on infrastructure of OOO "Fishnet Communications" data center, current only location of the platform, located in Saint-Petersburg, Russia, which is regulated by Russian Federation legislation, meaning that all the information processed within SERVERUM has to meet Russian Federation legal requirements. Dispute Resolution
In case Any dispute between SERVERUM and a Client are not settled by negotiations, they should be examined by the Arbitration Court in accordance with the effective Russian legislation, observing the rules of jurisdiction . Each party shall bear its own expenses and legal fees for the Arbitration Court. The court shall be conducted in Arbitration Court of St. Petersburg and Leningrad region, unless both parties agree in writing to a different location. Any threat of a lawsuit against SERVERUM can lead to an immediate shutdown of all provided to you services. Indemnification
Customer agrees to indemnify and hold harmless SERVERUM, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer's use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party. Limitation of Damages or Liability
EXCEPT AS DESCRIBED IN THE SLA, SERVERUM SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. SERVERUM SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF SERVERUM AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AVERAGE MONTHLY FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, SERVERUM PROVIDES ALL PRODUCTS AND SERVICES "AS IS", WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND SERVERUM SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS. Promotional Use
SERVERUM may refer to You, Your company, or your logo's for promotional purposes. Your company name, logos and the services that were provided to the customer by SERVERUM may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the SERVERUM website. This reference will be strictly limited to disclosure that SERVERUM has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at SERVERUM. However, SERVERUM may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations. General
Terms Of Service are subject to change without any prior notification. Content that does not meet these standards may be removed without prior notice to the Client.
These Terms of Service are a legally binding contract between the Client and SERVERUM.
By opening an account, the Client agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by SERVERUM administrators without prior notice.
Any violation of these Terms of Service will result in termination of the account. SERVERUM maintains the right to terminate accounts without prior notification.
Any work or professional services performed or provided by SERVERUM under this Agreement shall not be deemed as Work For Hire.
In the case that a customer is terminated for violating one or more of the SERVERUM Terms of Service, SERVERUM reserves the right to deny access to, and/or, destroy customer data stored on the offending server or account.
You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of SERVERUM and all dedicated servers must adhere to the above policies.